Local News

Ejected council speaker files civil rights lawsuit

City council members, sheriff's office and police department all named in suit

By Paul Albani-Burgio

Fort Morgan Times

Posted:
02/27/2018 06:12:11 PM MST

Two months after he told The Times he would eventually do so, free speech activist Eric Brandt has filed a lawsuit against the city of Brush, the Brush Police Department, the Morgan County Sheriff's Office and several specific members of those organizations and the Brush City Council.

Brandt's conflict with the city stems from the Dec. 18 council meeting attended by Brandt, who lives in Adams County. During the portion of the meeting reserved for members of the public to address the council about any concerns not listed on the agenda, Brandt launched into a profanity-laced tirade against the council and its decision to censure Councilwoman Jeanine Anderson for negative comments about police made on her personal Facebook page.

Members of the council told Brandt that he had to address them with respect but he continued his tirade. Then-Mayor Chuck Schonberger eventually directed police officers and sheriff's deputies present at the meeting to remove Brandt. Brandt was then arrested and charged with disorderly conduct, obstruction of government operations and disrupting a peaceful assembly.

Brandt's lawsuit was filed Monday at the US District Court in Denver.

In the lawsuit, Brandt alleges his constitutional rights to address his grievances to the government and free speech were violated when he was removed from the meeting and arrested.

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Brandt's lawsuit states that he is seeking "damages for emotional distress, loss of reputation, humiliation and other pain and suffering" as well as punitive damages and attorney's fees covering the cost of both litigating the lawsuit and the defense of Brandt in his criminal case. He is also seeking affirmation of his rights from the court.

Every member of the then-sitting city council other than Anderson is named in the suit, including Schonberger and current mayor Rick Bain. City Administrator Monty Torres, Brush Police Chief Travis Anderson and Morgan County Sheriff Jim Crone are also named. Jeanine Anderson is listed as a special respondent.

Brandt's arraignment in his criminal case is set for 1:30 p.m. on Wednesday at the Morgan County Justice Center.

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